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A West Virginia seller accepts a buyer's offer. Later the seller receives a higher offer. The seller must:

Correct Answer

B) Honor the first accepted contract

Once the seller accepts an offer, a binding contract exists. The seller must honor that contract. Accepting a second offer would breach the first contract, potentially exposing the seller to specific performance or damages.

Answer Options
A
Accept the higher offer and cancel the first contract
B
Honor the first accepted contract
C
Allow the first buyer to match the higher price
D
Report both offers to the Commission

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Related Topics & Key Terms

Related Topics:

binding-contractbackup-offersbreach

Key Terms:

binding contractfirst acceptancecannot switchbackup offer

Related Concepts

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

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